THE FIFTY-SECOND DAY
Carson City (Wednesday), March 26, 2003
Senate called to order at 11:17 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Bishop Phillip F. Straling.
God and Father of all, bless the work that we, again, take up
this morning, work entrusted to us by the people of Nevada considering the
serious and weighty issues. We seek Your divine gift of wisdom. Guide us in
making the wisest and best decisions in behalf of the people of this State.
Help us to be always mindful of the poorest and most needy among
us in addition to our concerns here in Nevada. We also pray for our Nation in
this time of war. Guide our Nation in keeping our eyes set on peace and an end
of armed conflict and threats of terrorism. Protect our men and women in the
armed forces, especially those from Nevada. We pray for Lieutenant Frederick
Pokorney Jr. of Tonopah who was killed in combat and for his family.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam
President:
Your
Committee on Human Resources and Facilities, to which was referred Senate Bill
No. 324, has had the same under consideration, and begs leave to report
the same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
Madam
President:
Your
Committee on Judiciary, to which was referred Senate Bill No. 224, has had the
same under consideration, and begs leave to report the same back with the
recommendation: Amend, and do pass as amended.
Mark E. Amodei, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, March 25, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
adopted Senate Concurrent Resolutions Nos. 3, 4, 5, 24.
|
Diane
Keetch |
|
Assistant Chief Clerk of
the Assembly |
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Gibbons, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:
Senate Concurrent Resolution No. 25—Memorializing aviation pioneer and philanthropist Moya Lear.
Whereas, The members
of the Nevada State Legislature and the people of Nevada mourn the loss of one
of its most endeared residents, Moya Olsen Lear, who passed away on
December 5, 2001; and
Whereas, Moya Maria Olsen was born in
Chicago, Illinois, on March 27, 1915, to Lillian, from whom she inherited her
practicality, strength and ingenuity, and John “Ole” Olsen, part of the
Vaudeville comedy team Olsen and Johnson and a comic genius, from whom she
inherited the wit and charm for which she was so well known; and
Whereas, After attending Ohio State
University and the Pace Institute in New York City, Moya Olsen worked for her
father who was appearing in “Hellzapoppin,” one of the longest running Broadway
reviews, and soon met Bill Lear, who was to become world famous as an inventor
and aircraft designer; and
Whereas, After marrying in 1942, Moya
and Bill Lear lived a whirlwind life together, traveling worldwide and meeting
heads of state, movie stars, and kings and queens, while Bill continued his
work, which included the design of the famous Lear Jet aircraft, with Moya
supporting him through good times and bad; and
Whereas, The Lears moved to Nevada in
1967 when Bill Lear sold Learjet Industries and bought land and buildings
adjacent to the deserted Stead Air Force Base to start a new company; and
Whereas, Moya Lear became a patron of
the arts, serving on the board of directors of many organizations, including
the Nevada Opera Association, the Nevada Festival Ballet and the Sierra Arts
Foundation, and providing a substantial donation that enabled the remarkable
transformation of Reno’s Christian Science Church into an extraordinary
community theater, named the Lear Theater in her honor; and
Whereas, A great supporter of
education, Moya Lear established the Bill and Moya Lear Foundation Scholarship
Fund and used her Amelia Earhart Pioneering Achievement Award to fund
scholarships for women majoring in aeronautical science at Embry-Riddle
Aeronautical University, where she also established the Moya and Bill Lear
Endowed Scholarship; and
Whereas, For her never-ending
generosity with her money, her time and her passionate spirit, Moya Lear has
been awarded many honors, including six honorary doctorates, and was inducted
into the halls of fame of such organizations as the Women in Aviation Pioneers,
the United States Achievement Academy, Nevada Business Leaders and the Nevada
Women’s Fund; and
Whereas, In 1999 Moya Lear was
nominated for the Ageless Heroes Program which honors persons over 65 years of
age who serve as role models in six categories: vigor and vitality, community
involvement, love of learning, creative expressions, winning against the odds
and bridging of generations, all qualities she possessed, making her a role
model and true inspiration for people of all ages and genders; and
Whereas, After 36 years of marriage,
Moya Lear lost her beloved Bill, who asked her, as his last wish, to finish his
dream of building the Lear Fan, a new airplane considered daring and
innovative; and
Whereas, Although Moya Lear did not
consider herself a businesswoman, she assumed leadership of LearAvia and,
surrounding herself with dedicated employees, guided the initial production and
flight testing of the Lear Fan prototypes, fulfilling Bill’s dream; and
Whereas, Moya Lear was a devoted mother
and considered her children, grandchildren and great-grandchildren as one of
her proudest accomplishments; now, therefore, be it
Resolved by the Senate of the State of Nevada,
the Assembly Concurring, That Moya Lear has enriched the lives of all
who knew her and, with her legacy of generosity through education, culture and
the arts and her dedication to humanity, has left all the people of Nevada
better for having had her in our lives; and be it further
Resolved, That the Secretary of the
Senate prepare and transmit a copy of this resolution to John, Shanda, David
and Tina, the children of Moya Lear.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Townsend.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Madam President, we do many resolutions throughout
our legislative process. This is one of particular note. Moya Lear was one of
the most remarkable women I have ever met. The entire family is a dynamic
family. This resolution consisting of a few short pages does not begin to tell
the life story of Moya Lear. We were fortunate that Bill and Moya Lear, for
whatever reasons, decided to move to Nevada, and we are particularly happy they
decided to move to northern Nevada. The love of the entire State was in the
hearts and minds of both Bill and Moya.
I had
the pleasure of knowing both of them and knowing them was an education. Bill
was always thinking. He had hundreds of inventions, one of which was the
8-track tape deck. One time, my late wife and I flew with Bill and Moya to a
function in San Diego. We flew on a Lear jet, also one of his inventions. The
trip we were taking was to attend an affair with the President of the United
States and the President of Mexico. To my astonishment, Bill was one of the
co-pilots. The exciting part of the trip was on take-off when Bill had to abort
because someone else was coming from the other direction. Bill thought he had
the right-of-way, but he did not. The rest of the trip, however, was enjoyable,
and I learned a great deal from both Bill and Moya.
Moya
was more than just a member of our community. She was an institution. After
Bill died, Moya took on every project he had put forth and many of her own. She
told me she was shocked when Bill moved her from southern California to
northern Nevada. Reno was a cultural shock. To her, the area appeared to have
nothing going for it, but Bill was determined. When Bill Lear was determined,
that was the way it was. She later told me, their move here was the best
decision they ever made. She said she spent the happiest years of her life
here.
Moya
and Bill left a great heritage for our community and for our State. Her
generosity and her philanthropy have been of great benefit not only in aviation
but also in community effort and education. The resolution makes references to
what is now called the Lear Theater. The theater is housed in what was formerly
the Christian Science Church. It is a beautiful setting along the banks of the
Truckee River in Reno. It was built through her efforts and generosity. She
contributed over one million dollars to its renovation. As the theater
flourishes in its final stages of development, it is the envy of many
communities. In a month, the new Sierra Arts Museum will be opening. It is a
state of the art facility. Moya was active in its development as well.
Moya was involved in many things as stated in this resolution.
She was a remarkable woman, and in 1999, she received recognition by being
nominated for the Ageless Heroes Program that honors persons over the age of
65. She was ageless. There was no question about that. The six categories
embodied in that nomination are vigor, vitality, community involvement, level
of learning, creative expression and winning against the odds. The last
category fitted her, too, because she and Bill had many setbacks. Living with
Bill was not always a bed of roses, and I am quoting her. She got the highest
marks in all of these categories. We benefited so much by her being here. She
died in December 2001, but this lady will never die. She will be remembered in
Nevada and in our community forever. She was very proud of her family, and we
have some of them here, today. It is most fitting to take a few moments to note
the passing of a remarkable lady. Everyone in Reno admired her. Her memorial
service was held at Lawlor Events Center and was filled. People stood outside
to pay their respects. We are proud to have had her with us for so many years.
She was a revered woman.
Senator Townsend:
Thank you, Madam President. Of all the many stories
we could tell about Moya Lear, I think two are especially of note today. I
first met Mrs. Lear traveling on a commercial flight to San Francisco from
Reno. As I sat in my seat, I watched a woman of dignity board the plane. She
sat across the aisle from me. She was dressed unlike anyone I had seen dressed
in Reno. She folded her fur coat and placed it in the overhead compartment, and
when she sat down and placed her hand on the armrest, I noticed the largest
single diamond ring I had ever seen in my life. I could not hold back during
that 30-minute flight, and I, finally, leaned over and said, “Excuse me, ma'am,
I would like to comment on how beautiful your ring is.” She introduced herself,
but, of course, I knew who she was, and we had a wonderful conversation. That
conversation led to knowing her for over 30 years. It reminded me so much of
the generation we have lost. She was a person of dignity, character and grace.
We will not see such as Moya again, and I do hope that many of the young people
who have had a chance to see the things occurring today, including the many
things she has left us, will remember and understand.
The
last story happened not too many years ago. We were members of the same gym.
She came in every morning with her personal trainer. I used to tease her about
it. I said, “Mrs. Lear, someone of your grace, elegance and experience who
associates with someone substantially younger might raise and eyebrow or two.”
She looked at me with this wonderful glint in her eye and said, “He can’t stay
up with me.”
We should all remember, today, a remarkable person who Senator
Raggio says will be with us forever and remember the many things she left us.
Her grace and dignity and how one holds oneself in a community are her greatest
legacies. We are honored that all of you, her family and friends, are here,
today.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 25 be immediately transmitted to the Assembly.
Motion carried unanimously.
Resolution ordered transmitted to the Assembly.
remarks from the floor
Senator Raggio requested that the following message from Shanda
Lear-Baylor be entered in the Journal.
March 25, 2003
This moment of recognition, by the two bodies of elected
representatives of the people of Nevada, for my darling mother would have
pleased her very much. She loved you all so much and loved living in Nevada.
Your ability to be “up close and personal” with all your constituents delighted
her. There is a gazebo at Rancho San Rafael in Reno that she built for friends
and family to go and contemplate the goodness that is everywhere out there and
in our hearts. You can see it from Sierra Street and North McCarran Blvd. I’m
sure she would love you to come and visit her there. Although, you can always
visit her in your thoughts, of course.
Dead ends were not for her. She believed you bring into your
experience what ever you dwell on in your thoughts. She chose to “click” on to
a picture where she was seeing herself as being and doing good and seeing
others as being and doing good. That was her focus; she made it happen. That is
what makes me grin in amazement every time I think of her. I know she is
applauding you for deciding to take action by going for political office and
not just criticizing those that do. Thank you for being there for her today.
You are loved.
Shanda Lear-Baylor
GENERAL FILE AND THIRD READING
Senate Bill No. 173.
Bill read third time.
Roll call on Senate Bill No. 173:
Yeas—21.
Nays—None.
Senate Bill No. 173 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 198.
Bill read third time.
Remarks by Senators Neal and Raggio.
Roll call on Senate Bill No. 198:
Yeas—21.
Nays—None.
Senate Bill No. 198 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 200.
Bill read third time.
Remarks by Senators Neal, O'Connell and Raggio.
Roll call on Senate Bill No. 200:
Yeas—21.
Nays—None.
Senate Bill No. 200 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 233.
Bill read third time.
Roll call on Senate Bill No. 233:
Yeas—20.
Nays—Neal.
Senate Bill No. 233 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 137.
Bill read third time.
Roll call on Assembly Bill No. 137:
Yeas—21.
Nays—None.
Assembly Bill No. 137 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, March 26, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
adopted Assembly Concurrent Resolution No. 11.
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 11—Recognizing the efforts of the Nevada Music Educators Association.
Whereas, Music education stimulates the
school setting and enhances the morale of pupils as well as the quality of the
school environment; and
Whereas, Since there is a direct
correlation between music instruction and aptitude in math and science, and
because pupils develop a better understanding of history and culture through
the study of music, music education stimulates not only the environment of a
school but also the academic curriculum; and
Whereas, The positive effects of music
education that emanate from the school environment expand to society in general
because pupils learn skills in communication and interaction with others and
because pupils who participate in school music programs are less likely to be
involved with drugs, alcohol, or delinquent or criminal behavior; and
Whereas, Music education develops
personal confidence as pupils acquire performance skills and participate in
musical productions; and
Whereas, The study of music contributes
to the overall development of young people by teaching them skills such as
abstract reasoning, listening, reading, self-expression, creativity, teamwork
and self-discipline; and
Whereas, Music education is a powerful
force in broadening the horizons of young people and teaching them the skills
necessary to succeed in the 21st Century; and
Whereas, The Nevada Music Educators
Association is an association composed of dedicated persons who have chosen a
profession in the field of music education; and
Whereas, The mission of the Nevada
Music Educators Association, which serves all music educators in Nevada, is “to
promote music education, to ensure its inclusion in all students’ core curriculum,
and to guarantee quality musical experiences for all learners”; and
Whereas, All officers and all members
who serve on committees of the Nevada Music Educators Association are
volunteers who are dedicated to carrying out the mission of the Association;
now, therefore, be it
Resolved by the Assembly of the State of
Nevada, the Senate Concurring, That the members of the Nevada
Legislature believe it is vital that every pupil have access to music education
programs; and be it further
Resolved, That it is important to
recognize the benefits of music education for pupils and for our society in
general; and be it further
Resolved, That the members of the 72nd
Session of the Nevada Legislature recognize and commend the efforts of the
Nevada Music Educators Association in ensuring a music education for all young
people; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to David Branson, past President for the Western Division of MENC, the National Association for Music Education.
Senator Titus moved the adoption of the resolution.
Remarks by Senator Titus.
Senator Titus requested that her remarks be entered in the Journal.
It is necessary to recognize the many wonders and
benefits music provides for all, especially children. Promoting music and its
appreciation has been proven to stimulate learning and increase motivations to
succeed. In a time when more and more children are being lost to deviant
behaviors and activities, it is crucial that music education and appreciation
remain a top priority in our schools. Famous musician Louis Armstrong once
said, “As long as there is music to stimulate the minds and creativity of
children, good things will develop.”
In
the past few decades, study after study has demonstrated that music affects the
mind in a very positive and desirable way. A notable and renowned German study
discovered that learning how to play an instrument influences children’s
cognitive, creative, aesthetical, musical, social and psychomotor abilities.
The study also noted that extended and on-going music education also interacts
with motivational and emotional aspects of children’s lives in a meaningful
way.
The
study further documented that children exposed to musical training scored 27
percent higher on math exams than other children. The findings are significant
because a grasp of proportional math and fractions is a prerequisite to math at
higher levels, and children who do not master these areas of math cannot
understand more advanced math critical to high-tech fields.
One of our own congressional delegates, Senator Harry Reid,
clearly captured the relevance music plays in learning when he commented,
“Music helps all types of people to remain productive, motivated and mentally
active; simply put, music can heal people.” Yet another timeless musician,
Mickey Hart, mentioned this of music before a Congressional committee studying
the effects of music on learning, “The rhythm in music is there in the cycles
of the seasons, in the migrations of the birds and animals, in the fruiting and
withering of plants; music simply moves everything to reach its full
potential.”
Resolution adopted.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 57, 77; Assembly Bills Nos. 27, 46, 129; Assembly Concurrent Resolution No. 9.
GUESTS
EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Susan Mayes Smith and Rick Lewis.
On request of Senator Hardy, the privilege of the floor of the Senate Chamber for this day was extended to Bob Ferraro, Brian Nix, Andrea Anderson, Doug Scheppmann, John Sullara and Vicki Mayes.
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Karna Thorson and the following students and teachers from the Bernice Mathew’s Elementary School: Maria Alvarado, Jose Barraza Villalvazo, Jonathan Basurto, Janice Batres, Angel Raul Chavez, Jonathan Figueroa, Ana Garcia, Luz Garcia, Edith Garcia-Martinez, Maricela Gutierrez, Jennifer Lopez Rios, Daisy Marquez, Rico Martinez, Francisco Miguel, Carmen Mora, William Orlick, Sisilia Pahulu, Alejandro Perez, Cassandra Pike, Tenika Reed, Marianna Robles, Alexander Shropshire, Robert Manuel Soberano, Tiana Terrell, Michael Thomas, Quan Vong, Adanary Aguirre, Xzavier Barr, Vivian Bolanos, Nicholas Brown, Zachary Cox, Moises Farias, Sarahi Felix, Ericka Garcia-Martinez, Victor Gomez, Brizheida Gonzalez-Mendoza, Miguel Haro, Stacey Jimenez, Veronica Jimenez, Cassaundra Kennedy, Hope Kirker, Brooke Kitchen-Ingram, Marvin Martinez, Juan Ojeda, Maria Paniagua, Santosh Somu Raja, Diana Ramos, Joanna Ramos, Sha'Dana Reed, Jose Rodriguez, Jose Luis Rodriguez, Fabian Salazar, Dameon Varnum, Shawnie Marshall, Claude-Eunix Alberto, Ana Avila, Eric Batres, Brenda Cartagena, Celeste Corona-Zendy, Rebekkah Deguzman, Jose Escobedo-Chavez, Denise Garcia Aranda, Ivan Garcia-Martinez, Gilberto Gomez, Whitney Hibbard, Edgar Jara, Myria McCabe, Keisha Mendez, Ahbran Miguel-Gomez, David Plascencia, Krishnan Raja-Rama, Tre'Vonn Robinson, Alex Rodriguez, Jose Rodriguez, Taylor Skipwith, Erik Manuel Soberano, Ivan Stevenson, Jennifer Ticas, Shawna Trammell, Christopher Valdez, Maria Vallejo, Gloria Vargas, Annissa Vonner, Elizabeth Santa-Cruz, Daniel Torgerson; teachers: Mary Nemiz, Kristen Beck and Becky Gauthier.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Gail Conkey.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to David Lear, Sandy Holloman, Celeste Lear and Signa Pendegraft.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Lynn Tackman.
On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Doug Moser.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Carolyn Ferraro and Greg Ferraro.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Bruce Ford.
On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Moya Tsatsos.
Senator Raggio moved that the Senate adjourn until Thursday, March 27, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 12:03 p.m.
Approved: Lorraine
T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate